Ark. Code Ann. § 20-77-104

Double billing — Legislative intent

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  1. It is the specific intent of this section and § 20-77-105 to prohibit any provider of medical services who participates in the Arkansas Medicaid Program to bill or receive payment from any Medicaid-eligible person, his or her spouse, relative, guardian, or any other prospective payee for services or considerations for which payment is either payable in full or has been paid in full by the program.
  2. It is not the intent of this section and § 20-77-105 to eliminate any copayment requirement on the part of any Medicaid-eligible person or his or her payee as required or as provided for in the Arkansas state plan for Medicaid as approved by the United States Department of Health and Human Services.
  3. It is the intent of this section and § 20-77-105 to prohibit any payment by any Medicaid-eligible person or his or her payee in excess of the rate or fee for service that the medical services provider has agreed to accept as payment in full as evidenced by written agreement or contract to participate in the program.

History. Acts 1979, No. 617, § 1; A.S.A. 1947, § 83-172.

Case Notes

Payments.

District court properly concluded that federal and Arkansas Medicaid laws, 42 U.S.C. § 1396a(a)(25)(C) and this section, did not bar a medical services provider from foregoing Medicaid's guaranteed payment for covered services and opting instead to bill the patient or liable third parties directly. Robinett v. Shelby County Healthcare Corp., 895 F.3d 582 (8th Cir. 2018).

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Lacey Robinett v. Shelby County Healthcare Corp.
Lacey Robinett v. Shelby County Healthcare Corp. (2018) ca8 · cites it 3× “Ark. Code Ann. § 20-77-104 (a). Further, Arkansas law prohibit[s] any payment by any Medicaid-eligible person or his or her payee in excess of the rate or fee for service that the medical services provider has agreed to accept as payment in full as evidenced by written agreement…”
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